Title 3, TITLE 3. ELECTIONS

enacted in 2013 do not affect rights or liabilities, penalties incurred, violations committed, or proceedings begun before July 1, 2013 Sec. 0.2. Notwithstanding any other law, the additions and amendments to IC 3-5-2 or this chapter made by SEA 519-2013 do not affect any: (1) ri…

assembly Sec. 0.3. Notwithstanding any other law, the additions and amendments to IC 3-5-2 or this chapter made by legislation enacted in the 2015 regular session of the general assembly do not affect any: (1) rights or liabilities accrued; (2) penalties incurred; (3) violations …

Sec. 0.5. For purposes of this chapter, an individual's "immediate family" includes the spouse, children, stepchildren, parents, or grandparents of the individual. As added by P.L.258-2013, SEC.6.

Sec. 1. This chapter shall be used to determine the residency of the following: (1) A voter or a person applying to become a voter. (2) A candidate. (3) A person holding an elected office. As added by P.L.12-1995, SEC.10.

Sec. 10. Subject to section 6 of this chapter, if a person is physically present within another precinct in Indiana with the intention of making that precinct the person's residence, the person loses residency in the precinct that the person left. As added by P.L.12-1995, SEC.10.…

Sec. 11. The place where a person's immediate family resides is the person's residence, unless the family's residence is: (1) a temporary location for the person's immediate family; or (2) for transient purposes. As added by P.L.12-1995, SEC.10. IC 3-5-5-12 Living away from famil…

to carry out intent Sec. 13. Subject to section 6 of this chapter, if a person: (1) is living at a place other than the residence of the person's immediate family; and (2) has the intention of remaining at that place and engages in conduct to carry out that intent; the place wher…

intent; conduct to carry out intent Sec. 14. Subject to section 6 of this chapter, a married person who does not live in a household with the person's spouse may establish a separate residence from the residence of the person's spouse by intending to do so and engaging in conduct…

conduct to carry out intent Sec. 15. Subject to section 6 of this chapter, the residence of a person who: (1) is unmarried; and (2) does not have an immediate family; is where the person usually sleeps if that is the intent of the person, and the person engages in conduct to carr…

Sec. 16. A person who resides in a veterans home is a resident of the precinct in which the home is located. As added by P.L.12-1995, SEC.10.

Sec. 17. (a) This section applies to an individual who is: (1) adjudged mentally ill; and (2) committed to an institution for individuals with a mental illness. (b) An individual described in subsection (a) has only one (1) residence for purposes of this title. (c) An individual …

Sec. 18. Notwithstanding IC 3-5-2-42.5, an individual with a nontraditional residence whose residence is within a precinct, but is not fixed or permanent, resides in that precinct. As added by P.L.12-1995, SEC.10.

Sec. 2. A person's residence may be established by: (1) origin or birth; (2) intent and conduct taken to implement the intent; or (3) operation of law. As added by P.L.12-1995, SEC.10.

and outside Indiana Sec. 3. (a) A person does not have residence in more than one (1) precinct within Indiana. (b) For purposes of this chapter, a person does not have residence both within Indiana and outside Indiana. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC…

Sec. 4. A person who has a residence in a precinct retains residency in that precinct until the person abandons the residence by: (1) having the intent to abandon the residence; (2) having the intent to establish a new residence; and (3) acting as provided in this intent by estab…

Sec. 5. As provided in Article 2, Section 4 of the Constitution of the State of Indiana, a person does not lose residence in a precinct in Indiana by reason of the person's absence on the business of: (1) the state of Indiana; or (2) the United States. As added by P.L.12-1995, SE…

penalties for perjury; rebuttable presumptions Sec. 6. (a) Sections 7 through 17 of this chapter establish presumptions regarding the residency of a person in a precinct. A person can rebut these presumptions by demonstrating intent to reside in another precinct and conduct taken…

postsecondary educational institution Sec. 7. (a) Subject to section 6 of this chapter, a person does not gain residency in a precinct in which the person is physically present for: (1) temporary employment; (2) educational purposes, except as provided in subsection (b); (3) prep…

residence outside Indiana Sec. 8. Subject to section 6 of this chapter, if a person is physically present within another state with the intention of making that state the person's residence, the person loses residency in Indiana. As added by P.L.12-1995, SEC.10. Amended by P.L.25…

indefinitely outside Indiana Sec. 9. Subject to section 6 of this chapter, if a person is physically present within another state with the intention of remaining in the other state for an indefinite time as a place of residence, the person loses residency in Indiana, even if the …

Sec. 1. (a) Except as provided in subsection (b), a board is established in each county of the state known as the (name of county) county election board. (b) A county election board is not established in the following counties: (1) A county having a population of more than four h…

Sec. 10. Each county executive shall furnish to the county election board necessary office space either in the county courthouse or in some other conveniently located building. [Pre-1986 Recodification Citation: 3-1-4-8.] As added by P.L.5-1986, SEC.2.

Sec. 11. The chairman of a county election board shall call a meeting of the board whenever the chairman considers it necessary for the performance of the board's duties. [Pre-1986 Recodification Citation: 3-1-4-3 part.] As added by P.L.5-1986, SEC.2.

Sec. 12. If the chairman of a county election board for any reason fails to call a meeting of the board, then the two (2) other members may meet to execute the powers and perform the duties of the board. [Pre-1986 Recodification Citation: 3-1-4-3 part.] As added by P.L.5-1986, SE…

Sec. 13. (a) Each county election board shall keep minutes of all meetings of the board, including a written record of the aye and nay vote of each member on all questions coming before the board. (b) The circuit court clerk shall permanently retain the board minutes. (c) After b…

Sec. 14. (a) Each county election board, in addition to duties otherwise prescribed by law, shall do the following: (1) Conduct all elections and administer the election laws within the county, except as provided in IC 3-8-5 and IC 3-10-7 for town conventions and municipal electi…

Sec. 14.5. (a) The county election board, by unanimous vote of the entire membership of the board, may adopt a resolution providing that certain duties and responsibilities exercised by the circuit court clerk under this title shall be performed by an employee of the county elect…

duties of county election boards Sec. 15. (a) Except as provided in subsection (b), this section applies when an election is conducted in a political subdivision (as defined in IC 36-1-2-13 and other than a county) that contains territory in more than one (1) county. (b) This sec…

Sec. 16. Each county election board shall prepare annually a budget estimate itemizing its expenditures for the previous year and its estimates of the amount of money necessary to be appropriated for the next year. The board shall submit the budget estimate at the time and in the…

Sec. 17. (a) Each county election board shall submit a report to the election division after each primary, special, municipal, and general election describing the activities of the board during the previous year. The board shall include the following in the report: (1) Informatio…

uniformed services voters Sec. 17.5. (a) As required by 52 U.S.C. 20302(c), each county election board shall submit a report to the election division after each general election setting forth the combined number of absentee ballots: (1) transmitted by the county election board to…

Sec. 18. Each circuit court clerk shall perform all duties imposed upon the clerk under this title as a member of the county election board or as secretary of the board, except when the clerk is acting as the registration officer of the county. Any such action taken by the clerk …

Sec. 19. A circuit court clerk, with the approval of the county election board, shall exercise the powers and perform the duties imposed upon the board whenever the facilities of the clerk's office make it more reasonable and efficient for the clerk to do so. Any action taken by …

Sec. 2. The following three (3) members comprise each county election board: (1) The circuit court clerk, who is ex officio a member of the board. (2) Two (2) persons appointed by the circuit court clerk, one (1) from each of the major political parties of the county. [Pre-1986 R…

residency Sec. 20. A county election board may appoint and at its pleasure remove deputy election commissioners. A deputy election commissioner appointed under this section must reside in the county of the election board that appointed the deputy commissioner. If a deputy electio…

chairmen Sec. 21. The county chairmen of the major political parties of a county shall designate the deputy election commissioners. The deputy election commissioners must be divided equally between the major political parties. [Pre-1986 Recodification Citation: 3-1-4-5(a) part.] …

Sec. 22. The deputy election commissioners appointed under section 21 of this chapter may assist the county election board in carrying out its duties in accordance with rules adopted by the board. [Pre-1986 Recodification Citation: 3-1-4-5(a) part.] As added by P.L.5-1986, SEC.2.…

nonpartisan assistants Sec. 23. (a) A county election board may appoint and at its pleasure remove clerks, custodians, and other employees that are necessary in the execution of its powers. The county election board may determine the duties, rank, and salaries of its appointees. …

commissioner or employment by county board Sec. 24. A person who is a candidate for elected office may not be: (1) appointed as a deputy election commissioner; or (2) employed by a county election board. If a deputy election commissioner or employee of a county election board bec…

Sec. 25. The books of each county election board shall be audited as are the books of other public officials of the county. [Pre-1986 Recodification Citation: 3-1-4-5(e).] As added by P.L.5-1986, SEC.2.

Sec. 26. A county election board may examine under oath any person with regard to a material matter connected with the proper discharge of its duties. Any member of the board may administer the oath. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.…

Sec. 27. A county election board may subpoena persons and papers and compel the witnesses to answer under oath any questions that properly come before the board. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.L.5-1986, SEC.2.

Sec. 28. The sheriff of a county, for a general election, and the chief law enforcement officer of a municipality, for a municipal election, shall serve all processes issued by a county election board. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by …

Sec. 29. If a person subpoenaed by a county election board refuses to attend or testify, the board shall report that fact to a circuit or superior court of the county. The court shall order the witness to attend and testify. If the witness fails or refuses to obey the order, the …

record; circuit court clerk as member of candidate's committee Sec. 3. (a) A person who is a candidate for elected office or a member of a candidate's committee may not be appointed as: (1) a member of a county election board; (2) a proxy of record for a member under section 4.5 …

Sec. 30. A witness who is subpoenaed by a county election board is entitled to be paid the same mileage and fee to which witnesses in court actions are entitled. Mileage and fees shall be paid as other election expenses are paid. [Pre-1986 Recodification Citation: 3-1-4-7 part.] …

Sec. 31. If a county election board determines that there is substantial reason to believe an election law violation has occurred, it shall expeditiously make an investigation. If in the judgment of the board, after affording due notice and an opportunity for a hearing, a person …

injunctions Sec. 32. Upon referral under section 31 of this chapter, the attorney general or prosecuting attorney shall institute on behalf of the state a civil action for relief, including a permanent or temporary injunction, restraining order, or other appropriate order in a ci…

Sec. 33. The county sheriff, the chief law enforcement officer of a municipality within the county, and other law enforcement officers shall assist a county election board, upon request, in the enforcement of the election laws and the discharge of its duties, including the use of…

Sec. 34. Except as expressly provided by statute, an appeal may be taken from a decision of a county election board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the d…